how to file bankruptcy without attorney

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

Can you declare bankruptcy without an attorney?

Yes, you can successfully file for bankruptcy without an attorney. However, it may still be worth it to hire a qualified attorney in a simple Chapter 7 bankruptcy filing, since you still need to spend a great deal of time researching bankruptcy laws, deciding how they apply to you, gather your financial information, and attend court.

How to declare bankruptcy without a lawyer?

• You committed fraud (for instance, you wrote a bad check or lied about your income on a credit application).
• You charged a luxury item less than 90 days before you filed for bankruptcy.
• You intentionally harmed someone or damaged their property.
• You embezzled funds or stole money.
• You failed to list all creditors in your bankruptcy petition.

How do you file a lawsuit without an attorney?

• You also can send in your documents and file your initial papers by email. ...
• You'll have to pay a filing fee of $400 to initiate your lawsuit in federal court.
• If you can't afford the filing fee, you can file a form asking the court to waive the fees in your case. ...

How to get a divorce without an attorney?

• You sign and submit a written settlement agreement resolving all issues including alimony (spousal support) and property distribution.
• Include terms resolving all issues related to the care, custody, access, and support of your children.
• Include the court-approved child support guidelines worksheet.

More items...

Do you get out of all debts if you declare bankruptcy?

While the goal of both Chapter 7 and Chapter 13 bankruptcy is to put your debts behind you so that you can move on with your life, not all debts are eligible for discharge.

What debts are not discharged in bankruptcy?

Examples of other non-dischargeable debts in a Chapter 7 bankruptcy case include:401k loans.Other government debt such as fines and penalties.Restitution for criminal acts.Debt arising from fraud or false pretenses.Debts you intentionally did not include in your bankruptcy forms.Damages related to a DUI accident.

Can you file bankruptcy on just one thing?

In short, the answer is no. When you file for bankruptcy you must include every debt and every asset you have. As a matter of fact, providing the bankruptcy court with an incomplete petition when you file could result in dismissal of your case.

What is the downside of filing for bankruptcy?

Filing for bankruptcy can negatively impact your immediate financial future. Obtaining credit after filing for bankruptcy could mean increased interest rates. Obtaining credit after filing for bankruptcy might require security deposits.

Can creditors come after you after bankruptcy?

Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.

How often is Chapter 7 denied?

Frequency of Denial While some Chapter 7 bankruptcy cases are kicked out of court before discharge, statistics indicate that this isn't the norm. According to the U.S. Courts website, when Chapter 7 cases are correctly filed, they result in a successful discharge of debts more than 99 percent of the time.

How much do you have to be in debt to file Chapter 7?

How much debt do I need to file for bankruptcy? There is no minimum or maximum amount of debt for Chapter 7 bankruptcy.

Do all debts have to be included in Chapter 7?

You must list all debts on your Chapter 7 bankruptcy schedules without exception—even if you think they won't get wiped out by your discharge. If you leave off a debt, you run the risk of remaining responsible for it.

What happens to my credit score if I file bankruptcy?

Bankruptcy will have a devastating impact on your credit health. The exact effects will vary. But according to top scoring model FICO, filing for bankruptcy can send a good credit score of 700 or above plummeting by at least 200 points. If your score is a bit lower—around 680—you can lose between 130 and 150 points.

What can you do instead of bankruptcy?

Bankruptcy AlternativesDebt Settlement. ... Debt Consolidation. ... Sell Assets. ... Credit Counseling. ... Borrow Money from Friends or Family. ... Find a Way to Earn Extra Income. ... Restructure or Refinance Your Mortgage. ... Lower Expenses Making Changes to Your Budget and Lifestyle.More items...

What is one benefit of declaring bankruptcy?

Filing for bankruptcy will trigger an “automatic stay” — the automatic stay stops creditors from taking action to collect their debts, and stops creditors from repossessing property such as cars, and personal property. It also prevents creditors from calling you, suing you, or sending you letters.

Is it better to file a Chapter 7 or 13?

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.

What to do if you are not comfortable with bankruptcy?

If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process. Talk to a Bankruptcy Lawyer.

Why do some bankruptcy attorneys limit their practice to Chapter 7?

As a result, some attorneys limit their bankruptcy practice to Chapter 7 because they feel they are not qualified to handle Chapter 13. And, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court.

What is a good bankruptcy preparer?

A good bankruptcy petition preparer will have up-to-date bankruptcy computer software that will generate the documents quickly and relatively easily. And most bankruptcy petition preparers charge low fees, especially compared to lawyers.

Why do you file Chapter 13 instead of Chapter 7?

You might want to file a Chapter 13 bankruptcy because you wish to catch up on mortgage arrears, get rid of your second mortgage, cram down (reduce) your car loans, or pay back nondischargeable priority debts, such as back taxes or support arrears. Or maybe you make too much money to qualify for a Chapter 7 bankruptcy. No matter your reason, most Chapter 13 cases are too difficult to file on your own.

How long before filing bankruptcy can you charge a luxury item?

You charged a luxury item less than 90 days before you filed for bankruptcy.

What are homeowners association dues assessed after filing for bankruptcy?

homeowners' association dues assessed after filing for bankruptcy. retirement plan loans. money borrowed to pay off nondischargeable tax debt (for instance, the credit card debt incurred after using your account to pay a tax bill), and. debts determined nondischargeable in a previous bankruptcy.

Do you have to file bankruptcy papers?

Also, you must file the bankruptcy papers yourself and represent yourself in court. In other words, you are responsible for your case. You act as your attorney and use the bankruptcy petition preparer as a typing service that transposes the information you give them onto the official forms.

What does it mean to not use a qualified attorney for bankruptcy?

With any bankruptcy that requires you to submit a payment plan that will be approved by the courts, not using a qualified attorney means you could be risking plan rejection.

How can a bankruptcy lawyer help you?

How a bankruptcy lawyer can help. Our advice is to avoid the risks of pro se filing and seek the proper legal services. After you choose a bankruptcy attorney, they help you through the filing process. An attorney can help you: Decide if bankruptcy is right for you, and if so, which chapter.

How to know if bankruptcy is right for you?

Decide if bankruptcy is right for you, and if so, which chapter. Understand which debts can be discharged and which cant. Accurately fill out your bankruptcy forms. Know what tax consequences to expect. Understand which assets you can keep. This is just a small sample of what a bankruptcy attorney can do for you.

How to give up assets when you don't have to?

The last thing you want to do is give up an asset when you don’t have to. Redeem or reaffirm your debts. This may involve filing multiple motions with the court. Fill out and file the forms. They can be confusing, and it’s important to fill them out correctly. Pay the filing fee or request a fee waiver.

What happens if you fill out a Chapter 7 and 13?

Both Chapter 7 and Chapter 13 have a means test you must fill out. If you fill out these forms on your own and miss things, you could be deemed unqualified to file. Lawyers know the details of these tests and can help you qualify. Get assigned a bankruptcy trustee. This is who you give your forms to.

Can you file a discharge if you don't file correctly?

If you don’t file correctly, discharge can be denied. You can always file again with an attorney if your case is denied the first time, but it can be problematic to get discharge approved on the same debt if it’s already been denied once.

Who is the trustee in bankruptcy?

Get assigned a bankruptcy trustee. This is who you give your forms to. The trustee is an administrator and does not represent you in your case.

What to do if you can't afford bankruptcy?

If you can't afford to pay a bankruptcy attorney right away, you might consider: asking friends and family. getting help from a legal aid society or other free legal clinics in your area. finding an attorney who will take your case pro bono (free of charge), or. filing your case without an attorney.

Why won't my attorney file a Chapter 7 case?

Your attorney won't file a Chapter 7 case until you've paid in full. Why? Because the bankruptcy would wipe out the fees still owed to your attorney. A debtor who doesn't have the fee will often start by asking friends and family for help.

How to get ready for bankruptcy consultation?

Get ready for your consultation by preparing questions to ask the bankruptcy attorney.

How to find a pro bono attorney?

To find a local pro bono attorney, consult with different lawyers in your area or contact your county or state bar. Or visit the American Bankruptcy Institute's Bankruptcy Resources webpage.

Do bankruptcy attorneys cut fees?

And many bankruptcy attorneys cut fees drastically for clients who qualify for a bankruptcy fee waiver.

Can you finance a Chapter 13 case?

It isn't as challenging to finance a Chapter 13 case. Many attorneys will take a downpayment upfront. The remaining amount gets paid in your repayment plan, thereby allowing you to pay a small part of your legal fees each month. Find out more about how bankruptcy lawyers get paid.

Can you stop paying bills in Chapter 7?

If that isn't an option, qualified Chapter 7 debtors will stop making bill payments if the obligation will be discharged (wiped out) in the case. Then they use the money for legal fees. While this might seem sketchy, rest assured that the court understands and expects filers to use this approach. But it's essential to be sure that you're qualified because it can be difficult—if not impossible—to catch up on bills if you find out you don't qualify later.

How to file for bankruptcy in Texas?

Everyone who wants to file Chapter 7 bankruptcy in Texas has to make sure they are eligible to do so. The first step is to compare your household income to the median household income of the same size in your state. If your household income is greater than this limit, the second part of the bankruptcy means test determines whether your income is enough to meet your reasonable and necessary living expenses and fund a repayment plan in a Chapter 13 bankruptcy. If not, you’re eligible to file a Chapter 7.

How to prepare for bankruptcy court in Texas?

To prepare, review the paperwork you provided to the court when you filed your Texas bankruptcy case. Folks that you owe money to may attend the meeting and ask you questions, but that rarely happens. The 341 meeting is a public meeting, so you’ll see a number of folks head into the meeting room at the same time you do. This is nothing to worry or feel strange about. They’re all there for the same reason you are.

What to do with your car when filing bankruptcy in Texas?

After all, you need your car to get around, go to work, pick up kids from school and do all those things that make the Lone Star State great.

How many bankruptcy districts are there in Texas?

There are four federal districts in Texas and all of them have several offices covering the Lone Star State.

What information is needed for Chapter 7 bankruptcy in Texas?

Some of the information required for the bankruptcy forms to be ready for filing Chapter 7 in Texas is general in nature. Where you live now and where you've lived in the last 3 years, who your employer is and how much you’ve earned in the last couple of years, your monthly expenses, a list of your debts and a list of your assets. When listing your unsecured debts, make sure to include your student loans. Even though they're not dischargeable, they still have to be listed.

Which bankruptcy district in Texas has a form request for a 30-day extension?

The Northern District has its own verification for the list of creditors everyone filing Chapter 7 bankruptcy in Texas has to provide to the bankruptcy court. In addition, this district has a form request for a 30-day extension if you’re unable to complete the required credit counseling course due to an emergency.

Why did John Connally file bankruptcy?

Former Texas Governor John Connally filed Chapter 7 bankruptcy in Texas for his business after the sharp drop in oil prices led to the collapse of the Texas real estate market. Football Hall of Fame inductee Warren Sapp also applied for debt relief through a bankruptcy filing.